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HERITAGE PULLMAN BANK & TRUST CO. v. CARR

No. 1-91-3470.

627 N.E.2d 160 (1993)

254 Ill. App.3d 676

194 Ill.Dec. 44

HERITAGE PULLMAN BANK & TRUST COMPANY, an Illinois corporation, not individually but as T/U/T No. 5096, dated October 3, 1957, Plaintiff-Appellee, v. Evelyn Rafacz CARR, Defendant/Cross-Defendant/Appellant (Melanie Dendor, as executor of the estate of Walter Rafacz, deceased, Defendant-Appellant; Norman J. Barry, as executor under the last will and testament of Edward A. Rafacz, deceased, and Norman J. Barry, as executor under the last will and testament of Henry Rafacz, deceased, Defendants/Cross-Plaintiffs/Appellees).

Appellate Court of Illinois, First District, Second Division.

September 28, 1993.

Attorney(s) appearing for the Case

Querrey & Harrow, Ltd. (Michael Resis, Dennis Marks and Donald Gancer, of counsel), Rothschild, Barry & Myers (Jonathan Rothschild, of counsel), Winson & Strawn, (Calvin Sawyier, of counsel), Chicago, for plaintiff-appellee.

Henry Thrush Synek, Chicago, for defendant-appellant.

Justice HARTMAN delivered the opinion of the court:

Heritage Pullman Bank & Trust Company (Trustee) filed a two-count complaint seeking a declaration of whether a simple majority or unanimity of the beneficial owners was required to authorize the sale of property in a land trust. The Trustee interpleaded as defendants the four beneficiaries, each holding a 25% beneficial interest: Evelyn Rafacz Carr, Walter Rafacz,1 the estate of Henry...

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